JIT SINGH Vs. STATE OF PUNJAB AND OTHERS

JUDGEMENT

(1.) The petitioner, who, after his retirement from military service, joined as a Junior Sports Officer (Athletics) in the Sports Department of the Govt, of Punjab, seeks a writ in the nature of certiorari quashing the order, dated 25.8.1998 (Annexure P-6) and a subsequent communication, dated 1.9.1998 (Annexure P-7), whereby his claim to grant the benefit of military service in civil service, was turned down.

(2.) The brief facts are that the petitioner was enrolled as a Sepoy in the Indian Army on 4.7.1957. He retired in the rank of Subedar Major (Hony. Lieutenant) with effect from 1.1.1985. The petitioner thereafter was appointed as Junior Sports Officer (Athletics) in the Sports Department, Govt, of Punjab on 24.3.1987. It is an undisputed fact that at the time of his retirement from Indian Army, the basic pay of the petitioner (after excluding all the allowances) was Rs. 750.00 per mensem. It is also not disputed that at the time of his appointment as Junior Sports Officer (Athletics) in March 1987, he was placed in the pre-revised pay scale of Rs. 570-1080. Thereafter, the Govt, of Punjab, in exercise of its powers under Proviso to Art. 309 of the Constitution, framed the Punjab Civil Services (Revision of Pay) Rules, 1988 which were enforced retrospectively with effect from 1.1.1986. In terms of these rules, pay scales of all the govt. employees of the State of Punjab came to be revised w.e.f. 1.1.1986. The Junior Sports Officers, including the petitioner, were also granted the revised pay scale of Rs. 1500- 2640 w.e.f. 1.1.1986.

(3.) In order to claim the benefit of military service in civil employment, the petitioner raised two-fold issues. Firstly, he claimed that he had served in the Indian Army during the period of first emergency, therefore, the benefit of "military service" under the Punjab Govt. National Emergency (Concession) Rules, 1965, was admissible to him.